October 22, 2020 3:03:27 pm
Mumbai police in front of actor Sushant Singh Rajput’s residence in Bandra on June 14 (Express photo: Nirmal Harindran)
The government of Maharashtra has withdrawn “general consent” turned over to the Central Bureau of Investigation (CBI) to investigate cases in the state. The decision means that the central agency will have to obtain the consent of the state government for each case it registers in Maharashtra.
What types of cases is the CBI involved in at the state level?
The CBI falls into three categories when it comes to research. The first is the Anti-Corruption Division that investigates cases against public servants under the control of the central government, public servants in public sector companies, also under the control of the central government, cases against public servants working under state governments, which have been entrusted to the CBI by the State, and serious departmental irregularities committed by the former.
The Economic Crimes Division investigates financial crimes, bank fraud, money laundering, illegal money market operations, corruption in PSUs and banks.
The Special Crimes Division handles cases of a conventional nature such as crimes related to internal security, espionage, sabotage, narcotics and psychotropic substances, antiquities, murders, crime / robberies and cheating, among others. It is this unit that has taken over the Sushant Singh Rajput case.
Maharashtra government fear of TRP scam investigation
The Maharashtra government was different about having the Special Crimes Division take over the investigation alleged TRP scam being investigated by the Mumbai police. Republic TV is among the five channels under police scan in the case.
From the CBI took over a similar case of PRT manipulation, recorded by the Uttar Pradesh police on Tuesday, the Maharashtra government feared that the central agency would include within its purview the case investigated by the Mumbai police and try to take over.
Maharashtra Interior Minister Anil Deshmukh said the government believed the CBI to be a top-tier and professional investigative agency, but felt it could act under political pressure. He referred to his name a “caged parrot” in the past by the Supreme Court.
One of the reasons behind the state’s anxiety was the similar way the CBI had handled the Rajput case.
How did the CBI deal with the Sushant Singh Rajput case? Will this new development have an impact on research in that case?
While the Mumbai Police were investigating the death of the actor, who died by suicide on June 14, the Bihar Police registered an FIR based on the statement of Rajput’s father. Shortly after this, the CBI received the case. The Maharashtra government believed that the CBI would also take over TRP’s case, given the new FIR in UP.
However, the withdrawal of general consent to the IWC will not affect cases that the IWC is already investigating, such as the Rajput case.
What is the difference between the Sushant Singh Rajput case and the TRP case? Can the TRP case still go to the CBI?
In the Rajput case, the Mumbai police had not registered an FIR as their investigation did not point to a crime but to a suicide case. In the case of the TRP, on the other hand, the Mumbai Police not only registered one FIR, but also arrested eight people.
At the time, one of the reasons for turning over the Rajput case to the CBI was the fact that the Mumbai police had not registered an FIR. However, this may not be applicable in the case of the PRT.
Republic TV editor-in-chief Arnab Goswami had previously approached the Supreme Court to transfer the investigation to the CBI. The supreme court, however, asked him to Get closer to the Bombay High Court.
In the future, if the Supreme Court requests the CBI to take over the Mumbai Police investigation into the PRT case, the state government cannot refuse. However, the SC will have to be convinced of the reasons why the CBI should take over the case from the Mumbai Police.
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Does this have an impact on other cases such as the Bhima Koregaon case or the ED case against MP CM Ajit Pawar in the irrigation scam?
No. The National Investigation Agency (NIA) has jurisdiction throughout the country and does not need special permission from state governments.
So even when Maha Vikas Aghadi was reviewing the Bhima Koregaon case, the NIA was able to take the control without consent.
Even in the case of the Directorate of Enforcement (ED) in the irrigation scam that started in May this year, it is not going to make any difference as the ED conducts its investigation under the PMLA and FERA Act, and It has nothing to do with the Delhi Police. Special Establishment Law (DPSE) that empowers the CBI.
The government has withdrawn general consent under the DPSE Act which will only affect the IWC.
How will this affect the daily functioning of the CBI?
The decision will increase work for both the CBI and the state government. Whenever the CBI catches a central government employee who accepts a bribe, it must seek the approval of the Maharashtra government before registering a case.
Similarly, the Maharashtra government department will also be affected by requests for approval on a case-by-case basis.
However, the IWC has recently started to appeal to a judgment of the Calcutta High Court. The HC, in its order in Ramesh Chandra Singh and another against CBI, observed that “the court is of the opinion that the power of the central government / CBI to investigate and prosecute its own officials cannot be impeded or interfered in any way by the state including if the crimes were committed within the territory of the state ”.
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